MISSISSIPPI LEGISLATURE

1997 Regular Session

To: Public Health and Welfare

By: Representative Moody

House Bill 863

AN ACT TO AMEND SECTIONS 41-23-39 AND 41-23-41, MISSISSIPPI CODE OF 1972, TO ADD FIRST RESPONDERS AND EMERGENCY MEDICAL DISPATCHERS TO THE LIST OF EMERGENCY SERVICE PROVIDERS WHO ARE TO RECEIVE NOTICE FROM A HEALTH CARE FACILITY IF THEY HAVE BEEN EXPOSED TO INFECTIOUS BLOOD OR BODY FLUIDS; TO AMEND SECTION 41-59-3, MISSISSIPPI CODE OF 1972, TO ADD THE DEFINITION OF "FIRST RESPONDER" AND "EMERGENCY MEDICAL DISPATCHER" TO THE EMERGENCY MEDICAL SERVICES ACT; TO AMEND SECTION 41-59-5, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR THE LICENSURE AND REGULATION BY THE STATE BOARD OF HEALTH OF FIRST RESPONDERS AND EMERGENCY MEDICAL DISPATCHERS UNDER THE EMERGENCY MEDICAL SERVICES ACT; TO AMEND SECTION 41-59-33, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR CERTIFICATION OF FIRST RESPONDERS AND EMERGENCY MEDICAL DISPATCHERS; TO AMEND SECTION 41-59-35, MISSISSIPPI CODE OF 1972, TO PROVIDE PERIODS OF LICENSURE AND FEES APPLICABLE TO FIRST RESPONDERS AND EMERGENCY MEDICAL DISPATCHERS; TO AMEND SECTION 41-60-13, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE STATE BOARD OF HEALTH TO PROMULGATE RULES AND REGULATIONS FOR TRAINING PROGRAMS FOR FIRST RESPONDERS AND EMERGENCY MEDICAL DISPATCHERS; AND FOR RELATED PURPOSES. 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

 

SECTION 1. Section 41-23-39, Mississippi Code of 1972, is amended as follows:

41-23-39. The following terms when used in Sections 41-23-39 and 41-23-41 shall have the following meanings herein ascribed:

(a) "Emergency medical technician" means a person licensed pursuant to Section 41-59-1 et seq. to provide emergency medical services as an emergency medical technician-ambulance, emergency medical technical-intermediate, emergency medical technician-paramedic, or emergency medical technical-nurse-paramedic.

(b) "Fire department" means service groups (paid or volunteer) that are organized and trained for the prevention and control of loss of life and property from fire and/or other emergencies.

(c) "Fire fighter" means an individual who is assigned to fire fighting activity and is required to respond to alarms and perform emergency actions at the location of a fire, hazardous materials or other emergency incident.

(d) "Infectious disease" means any condition as listed or determined by the State Department of Health that may be transmitted by an infected person.

(e) "Licensed facility" means hospital, nursing home, medical clinic or dialysis center, as licensed by the state to provide medical care, but shall not include a physician's office.

(f) "First responder" means a person certified pursuant to Section 41-59-1 et seq. to provide first responder services until a higher trained individual arrives at the scene.

(g) "Emergency medical dispatcher" means a person certified pursuant to Section 41-59-1 et seq. to provide the primary and initial point of contact for callers seeking medical assistance.

SECTION 2. Section 41-23-41, Mississippi Code of 1972, is amended as follows:

41-23-41. If, in the course of providing emergency services to any person subsequently transported to a licensed facility, an emergency medical technician, fire fighter, first responder, emergency medical dispatcher or other provider of emergency rescue services is exposed by direct contact to the patient's blood or other internal body fluids, the emergency medical technician, fire fighter, first responder, emergency medical dispatcher, or other emergency service provider, or his/her employer, shall notify the licensed facility to which the patient is transported of the blood and/or body fluid exposure. If the patient is subsequently diagnosed as having an infectious disease specified by the State Department of Health as being transmissible by blood or other internal body fluids, the licensed facility shall notify the emergency service provider, or his/her employer, in such detail and according to the manner prescribed by the State Board of Health in its regulations. The State Board of Health shall adopt appropriate regulations to address the diseases involved.

SECTION 3. Section 41-59-3, Mississippi Code of 1972, is amended as follows:

41-59-3. As used in this chapter, unless the context otherwise requires, the term:

(a) "Ambulance" shall mean any privately or publicly owned land or air vehicle that is especially designed, constructed, modified or equipped to be used, maintained and operated upon the streets, highways or airways of this state to assist persons who are sick, injured, wounded or otherwise incapacitated or helpless;

(b) "Permit" shall mean an authorization issued for an ambulance vehicle and/or a special EMS vehicle as meeting the standards adopted pursuant to this chapter;

(c) "License" shall mean an authorization to any person, firm, corporation, or governmental division or agency to provide ambulance services in the State of Mississippi;

(d) "Emergency medical technician" shall mean an individual who possesses a valid emergency medical technician's certificate issued pursuant to the provisions of this chapter;

(e) "Certificate" shall mean official acknowledgment that an individual has successfully completed the recommended basic emergency medical technician training course referred to in this chapter which entitles that individual to perform the functions and duties of an emergency medical technician;

(f) "Board" shall mean the State Board of Health;

(g) "Executive officer" shall mean the executive officer of the State Board of Health or his designated representative;

(h) "Invalid vehicle" shall mean any privately or publicly owned land or air vehicle which is maintained, operated and used only to transport persons routinely who are convalescent or otherwise nonambulatory and do not require the service of an emergency medical technician while in transit;

(i) "Special use EMS vehicle" means any privately or public owned land, water or air emergency vehicle used to support the provision of emergency medical services. These vehicles shall not be used routinely to transport patients;

(j) "Trauma care system" or "trauma system" means a formally organized arrangement of health care resources that has been authorized by the State Department of Health, Division of Emergency Medical Services, by which major trauma victims are triaged, transported to and treated at trauma care facilities;

(k) "First responder" means an individual who has successfully completed the required first responder training course referred to in this chapter which entitles that individual to perform the functions and duties of a first responder and who possesses a valid first responder certificate issued under this chapter;

(l) "Emergency medical dispatcher" means an individual who has successfully completed the required emergency medical dispatcher training course referred to in this chapter which entitles that individual to perform the functions and duties of an emergency medical dispatcher and who possesses a valid emergency medical dispatcher certificate issued under this chapter.

SECTION 4. Section 41-59-5, Mississippi Code of 1972, is amended as follows:

41-59-5. (1) The State Board of Health shall establish and maintain a program for the improvement and regulation of emergency medical services (hereinafter EMS) in the State of Mississippi. The responsibility for implementation and conduct of this program shall be vested in the Executive Officer of the State Board of Health (hereinafter executive officer) along with such other officers and boards as may be specified by law or regulation.

(2) The board shall provide for the regulation and licensing of public and private ambulance service, inspection, and issuance of permits for ambulance vehicles, training and certification of EMS personnel, including drivers, * * * attendants, first responders and emergency medical dispatchers, the development and maintenance of a statewide EMS records program, development and adoption of EMS regulations, the coordination of an EMS communications system, and other related EMS activities.

(3) The board is authorized to promulgate and enforce such rules, regulations and minimum standards as needed to carry out the provisions of this chapter.

(4) The board, on recommendation of the executive officer, shall appoint an EMS director who shall have basic responsibility for development and administration of the state EMS program and plan, and for administration of rules and regulations promulgated pursuant to this chapter.

(5) The board is authorized to receive any funds appropriated to the board from the Emergency Medical Services Operating Fund created in Section 41-59-61 and is further authorized, with the Emergency Medical Services Advisory Council acting in an advisory capacity, to administer the disbursement of such funds to the counties, municipalities and organized emergency medical service districts and the utilization of such funds by the same, as provided in Section 41-59-61.

 * * *

(6) The State Department of Health, Division of Emergency Medical Services, acting as the lead agency, in consultation with and having solicited advice from the EMS Advisory Council, shall develop and submit to the Legislature a plan for the triage, transport and treatment of major trauma victims that at minimum addresses the following:

(a) The magnitude of the trauma problem in Mississippi and the need for a statewide system of trauma care;

(b) The structure and organization of a trauma care system for Mississippi;

(c) Pre-hospital care management guidelines for triage and transportation of major trauma victims;

(d) Trauma system designed and resources, including air transportation services, and provision for interfacility transfer;

(e) Guidelines for resources, equipment and personnel within facilities treating major trauma victims;

(f) Data collection and evaluation regarding system operation, patient outcome and quality improvement;

(g) Public information and education about the trauma system;

(h) Medical control and accountability;

(i) Confidentiality of patient care information;

(j) Cost of major trauma in Mississippi; and

(k) Research alternatives and provide recommendations for financial assistance of the trauma system in Mississippi, including, but not limited to, trauma system management and uncompensated trauma care.

SECTION 5. Section 41-59-33, Mississippi Code of 1972, is amended as follows:

41-59-33. (1) Any person desiring certification as an emergency medical technician, emergency medical dispatcher or first responder, shall apply to the board using forms prescribed by the board. Each application for an emergency medical technician certificate, emergency medical dispatcher certificate or first responder certificate shall be accompanied by a certificate fee to be fixed by the board, which shall be paid to the board. Upon the successful completion of the board's approved emergency medical technical training program, emergency medical dispatcher training program or first responder training program, the board shall make a determination of the applicant's qualifications as an emergency medical technician, emergency medical dispatcher or first responder, as set forth in the regulations promulgated by the board, and shall issue the appropriate certificate to the applicant.

(2) No person shall use the titles "emergency medical technician" or "emergency medical dispatcher," or "emergency medical services-driver" or "first responder," or use the letters "EMT" or "EMD" or "EMSD" or "FR" or any other facsimile thereof, whether or not compensation is received or expected, unless he possesses a certificate in this state as provided in this chapter.

SECTION 6. Section 41-59-35, Mississippi Code of 1972, is amended as follows:

41-59-35. (1) * * * Emergency medical technician, first responder and emergency medical dispatcher certificates so issued shall be valid for a period not exceeding two (2) years from the date of issuance and may be renewed upon payment of a renewal fee to be fixed by the board, which shall be paid to the board, provided that the holder meets the qualifications set forth in this chapter and regulations promulgated by the board.

(2) An emergency medical services-driver=s certificate issued shall be valid for a period not to exceed the expiration date of the holder's personal state driver=s license and may be renewed upon payment of the renewal fee to be fixed by the board, which shall be paid to the board, provided that the holder meets the qualifications set forth in this chapter and regulations promulgated by the board.

(3) The board is authorized to suspend or revoke a certificate so issued at any time it is determined that the holder no longer meets the prescribed qualifications.

SECTION 7. Section 41-60-13, Mississippi Code of 1972, is amended as follows:

41-60-13. The * * * State Board of Health is authorized to promulgate and enforce rules and regulations to provide for the best and most effective emergency medical care, and to comply with national standards for advanced life support. Notwithstanding any other provision of law, advanced life support personnel may be authorized to provide advanced life support services as defined by rules and regulations promulgated by the * * * board * * *.

Rules and regulations promulgated pursuant to this authority shall, as a minimum:

(a) Define and authorize appropriate functions and training programs for advanced life support trainees and personnel (i.e., EMT-I, EMT-P or others); provided, that all such training programs shall meet or exceed the performance requirements of the training program for the emergency medical technician-paramedic, developed for the United States Department of Transportation under Contract No. DOT-HS-5-01207 (April 1976).

(b) Specify minimum operational requirements which will assure medical control over all advanced life support services.

(c) Specify minimum testing and certification requirements and provide for continuing education and periodic recertification for all advanced life support personnel.

(d) Define and authorize appropriate functions and training programs for emergency medical dispatcher trainees and personnel (i.e., EMD or others); however, all such training programs shall meet or exceed the performance requirements of the training program for the emergency medical dispatcher, developed for the United States Department of Transportation, National Highway and Safety Administration under Contract No. OPM-91-2963 (August 1995).

(e) Define and authorize appropriate functions and training programs for first responder trainees and personnel (i.e., FR or others); however, all such training programs shall meet or exceed the performance requirements of the training program for the first responder, developed for the United States Department of Transportation, National Highway and Safety Administration under Contract No. DTNH-94-C-05123 (1995).

SECTION 8. This act shall take effect and be in force from and after July 1, 1997.